Wrongly Convicted Database Record

 

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Linda Lee Walden

 

Charge:

Murder

Sentence:

15 years to life imprisonment

Years Imprisoned:

5

Year Crime:

1981

Year Convicted:

1981

Year Cleared:

1986

U.S. State or Country of Crime:

Ohio

County or Region of Crime:

Franklin

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Linda Lee Walden was wrongly convicted of murder in Franklin County, Ohio. Walden's defense was she acted in self-defense. After she was convicted by a jury she was awarded a new trial by the Ohio Court of Appeals on July 19, 1984 based on the prosecution's failure to disclose exculpatory police reports to her trial lawyer. Linda Walden's retrial resulted in a mistrial from a hung jury. Walden waived her right to a jury for her third trial, and she was acquitted by the judge in 1986 based on self-defense. The Ohio Court of Claims denied two compensation claims by Walden. On November 3, 1987 a claim for $2,000,000 was denied, and on November 4, 1988 a claim for $3,492,055 was denied on the basis she had been found not guilty based on self-defense and not proven her innocence by a preponderance of the evidence as required by Ohio's wrongful imprisonment compensation statute. Walden's appeal was joined with that of Nathaniel Edward Ellis, whose claim had been denied on the same grounds. The Ohio Court of Appeals affirmed the Court of Claims' ruling. In 1989 the Ohio Supreme Court ruled that an acquittal based on self-defense qualified a person to file a claim for compensation under Ohio's compensation statute. However, the Court ruled that "in a proceeding under R.C. 2305.02, the claimant bears the burden of proving his innocence by a preponderance of the evidence." There is no record that Walden was awarded any compensation after the Ohio Supreme Court's ruling."

Conviction Caused By:

Prosecutor misconduct of failing to disclose exculpatory police reports.

Innocence Proved By:

Walden was acquitted by a jury after a retrial in 1986.

Defendant Aided By:

Compensation Awarded:

Compensation denied by State of Ohio.

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"State v. Walden, 19 Ohio App. 3d 141 (Ohio Ct of Appeals, 7-19-1984) (Reversing conviction)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=1167373608384844736&q=linda+walden&hl=en&as_sdt=4,36,111,126,356,357"

Information Source 2:

"Walden v. State, 47 Ohio St. 3d 47 (Ohio Supreme Court, 11-29-1989) (A person acquitted based on self-defense can pursue compensation claim in Ohio, and they must prove their innocence by a preponderence of the evidence.)"

Information Location 2:

"http://scholar.google.com/scholar_case?case=15281082579036285233&q=47+Ohio+St.3d+47+%28Ohio+1989%29&hl=en&as_sdt=6,48"

Information Source 3:

"Linda L. Walden v. The State of Ohio, Case No. 1987-09421 WI (Ohio Board of Claims) (Claim dismissed on Aug. 31, 1987)"

Information Location 3:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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